Legal Opinion
Flexible Business Systems, Inc. v. Dag Media, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 25, 2008PublishedCited by 6 opinions
1Opinion of the Court
In reviewing a determination made after a nonjury trial, this Court’s power is as broad as that of the trial court, and it may render the judgment it finds warranted by the facts, taking into account that in a close case the trial judge had the advantage of seeing and hearing the witnesses (see Northern Westchester Professional Park Assoc. v Town of Bedford, 60 NY2d 492, 499 [1983]; Narendra v Thieriot, 41 AD3d 442, 443 [2007]).
Where, as here, the parties set down their agreement in a clear, complete document, their writing should be enforced according to its terms (see Bailey v Fish & Neave,…
2Cases cited5 opinions
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
- South Road Associates, LLC v. International Business Machines Corp.New York Court of Appeals · 2005
- Bailey v. Fish & NeaveNew York Court of Appeals · 2007
- Narendra v. ThieriotAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by6 opinions
- Givati v. Air Techniques, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Neiss v. FriedAppellate Division of the Supreme Court of the State of New York · 2015
- A. Montilli Plumbing & Heating Corp. v. ValentinoAppellate Division of the Supreme Court of the State of New York · 2011
- B. Reitman Blacktop, Inc. v.MissirlianAppellate Division of the Supreme Court of the State of New York · 2008
- Melville Capital, LLC v. GugickAppellate Division of the Supreme Court of the State of New York · 2016
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